ACT proposes rules blocking contractors from claiming employee rights
ACT proposes rules blocking contractors from claiming employee rights
The ACT Party is proposing to more clearly define who contractors are so they cannot challenge their employment status in court.
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Can someone explain why a supermarket can't just decide all new employees are contractors and then not give them sick leave of annual leave?
Essentially, the law defines the nature of that kind of work "employment". I.e. you have a rostered shift, provided a uniform, prescriptive work duties, staff-discount benefits. Generally long term.
Contrast to a specialist on a building site: provided their own tools, task/goal and deadline, but more or less autonomous (i.e. install the electrical wiring by Tuesday). Generally short or fixed term.
There are a lot of "traits" that the law indicates are employee or contractor traits for a contract.
Anecdotally, in my personal experience, the software industry is rife with abuse of this. Plenty of contractors bulking up a small team of employees for years.
Sorry, I meant after this change. As I understand it, you can just write in the contract they are a contractor and now they are and they can't challenge it. No sick leave, no annual leave, you want a job? Take it or leave it.
Oh! Right.
Yeah that's exactly what would happen.
Right now the law can "look through" a contractor's contact and say " hang on this is actually an employee contact".
After this legislation... nope, whatever shitty contact the "employer" has foisted takes primacy